O-40-14 Ord Granting a Spec Use for an Outdoor Dining/Drinking Area at 427-443 Talcott VILLAGE OF LEMONT
ORDINANCE NO q
AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING OR
DRINKING AREA AT 427-443 TALCOTT IN LEMONT, IL.
(427-443 Talcott Ave.)
Adopted by the
President and Board of Trustees
of the Village of Lemont
This 14th Day of July, 2014
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook,DuPage, and Will
Counties, Illinois this 14th day of
July, 2014.
ORDINANCE NO.Z2-4f9 -j(
AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING OR
DRINKING AREA AT 427-443 TALCOTT IN LEMONT, IL.
(427-443 Talcott Ave.)
WHEREAS, Jerry Kulhanek (hereinafter referred to as the "Petitioner"), is a partner of
507 Talcott LLC, which is the owner of the Subject Property located at 427-443 Talcott Ave and
identified in Exhibit A as "Building D"; and
WHEREAS, the Petitioner made application under the provisions of the Lemont Unified
Development Ordinance for special use for Outdoor dining or drinking area for the Subject
Property; and
WHEREAS,the Planning and Zoning Commission ("PZC") of the Village of Lemont,
Illinois, in accordance with the UDO, conducted a public hearing on the petition on June 18,
2014 and voted 7-0 to recommend approval of the petitioner's requests; and
WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided
by law and was published in the Lemont Reporter-Met, a newspaper of general circulation within
the Village; and
WHEREAS, the President and Board of Trustees of the Village have reviewed the matter
herein and have determined that the same is in the best interest of the public health, safety and
welfare of the residents of the Village of Lemont, and hereby adopt the finding of facts as set
forth in Exhibit B; and
WHEREAS,the Village Board of Trustees, having reviewed the petitioner's application,
Village staff recommendations, and the record of the public hearing, finds that: ...?
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE,
AND WILL, ILLINOIS:
SECTION 1: Incorporation of Recitals. The foregoing findings and recitals are hereby
adopted as Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim
herein.
SECTION 2: Special Use. A special use for an outdoor dining or drinking area is
granted for the Subject Property to the Petitioner as follows:
1. The special use is granted to the Petitioner and does not run with the land.
2. The special use granted to the Petitioner is assignable to subsequent parties that have
an interest in the Subject Property seeking assignment of this special use as follows:
a. Upon application of a party seeking assignment of this special use, the
Corporate Authorities, in their sole discretion, may refer said application
of assignment to the PZC for a public hearing or may hold a public
hearing at the Village Board.
b. Such assignment shall be valid only upon the adoption of a proper, valid
and binding ordinance by the Corporate Authorities granting said
assignment, which may be granted or denied by the Village Board in its
sole discretion.
SECTION 3: Conditions. The special use for an Outdoor dining or drinking area shall
have the following additional conditions:
1. The area that may be used for an Outdoor dining or drinking area shall encompass the
area depicted in EXHIBIT A; and
2. The actual and specific area(s) to be used for an Outdoor dining or drinking area for
the Petitioner or the Subject Property's tenants must be contiguous and immediately
adjacent to the frontage or side yard of that tenant's leased space and shall not extend
beyond such area. At no time shall one tenant's Outdoor dining or drinking area
extend to the exterior portion of a neighboring tenant's area; and
3. This special use is not a Liquor License or an Outdoor Dining/Sidewalk Café License
and that this special use is expressly conditioned upon Petitioner or the Subject
Property's tenant(s)' compliance with the regulations set forth in Lemont, Illinois
Municipal Code ("Code"); including but not limited to obtaining all applicable
licenses pursuant to Title 5 of the Code; and
4. The Petitioner, prior to the issuance of any Outdoor Dining/Sidewalk Café License
for the Subject Property, but not later than one (1) year of the effective date of this
Ordinance, shall submit to the Village plans for the required barriers or markings to
demarcate the sidewalk café and/or outdoor dining or drinking area for the entire
Subject Property as required by this ordinance and Section 5.18.070(C) of the Code.
The barriers or markings shall be of a design that is uniform and consistent
throughout the Subject Property.
SECTION 4: The special use approval shall lapse in the event the Petitioner or the
Subject Property's tenant(s) does not submit for an Outdoor Dining/Sidewalk Café License, or
renewal of such license, for a period of two (2) years.
SECTION 5: The Village Clerk of the Village of Lemont be and is directed hereby to
publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made
and provided.
SECTION 6: This Ordinance shall be in full force and effect from and after its passage,
approval and publication provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK,WILL,AND
DuPAGE, ILLINOIS, on this 14th day of July,2014.
AYES NAYS ABSENT ABSTAIN
Debby Blatzer
Paul Chialdikas V
Clifford Miklos V
Ron Stapleton V
Rick Sniegowski V
Jeanette Virgilio
Approved by me this 14th day of July, 2014
C16(1-
BRIAN K. REAVES, Village President
649_,,,dif A J
Attest:
CHARLENE M. S OLLEN, Village Clerk
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EXHIBIT B
FINDINGS OF FACT
1 . The special use is so designed, located, and proposed to be operated that the
public health, safety, and welfare will be protected. Tenants that serve food or
drinks that wish to utilize the outdoor dining and drinking area will have to apply for
a sidewalk café license and include a site plan indicating that the required
clearance is met and indicating how the seating area will be designated. This will
ensure that open drinking is contained and there is no inconvenience to tenants
that are not in the food or drink industry.
2. The special use would not create excessive demands on Village services as this is on
private property. The ability of the Village to maintain the peace and provide
adequate protection for its citizens is made possible through café licensing
regulations as they would also apply to the approval of outdoor dining areas.
3. The special use is not expected to cause injury to the value of other property in the
neighborhood. It is an amenity that has a positive impact on the development and
adds to the pedestrian friendly atmosphere sought by this and surrounding uses in
the downtown district.
Planning& Economic Development Department
Form 2/3
V;`{pr Jt